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(영문) 대법원 2014.07.10 2014도5437
존속살해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to have rejected the Defendant’s and the requester for medical treatment and custody (hereinafter “Defendant”)’s assertion on the defectiveness of the Defendant’s and the requester for medical treatment and custody (hereinafter “Defendant”)

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

2. As long as a defendant files an appeal against a prosecuted case regarding a medical treatment and custody application case, an appeal shall be deemed to have been filed regarding the medical treatment and custody application case.

However, there is no entry of reasons in the petition of appeal and there is no entry of reasons for objection in the petition of appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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